Slip and Fall / Premises Liability: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.


Recently in Slip and Fall / Premises Liability Category

Shopping at a big box store can be exciting and cheap, but it's all fun and games until a box falls on you.

Anyone who's visited a warehouse store like Costco or Sam's Club can attest that merchandise is packed almost from floor to ceiling, with incredibly heavy items like patio furniture and crates of bulk-rate oatmeal perched high above consumers. It doesn't take much imagination to sketch a scenario in which a box falls and injures a hapless shopper.

So when that shopper happens to be you, can you sue?

Icy sidewalks routinely become an increasing threat as winter closes its icy grip on the fading days of fall. And while it may be possible for some to stay inside their homes until the thaw, the average person is likely to slip and fall on an icy patch on a sidewalk, possibly causing serious injury.

While you may think of sidewalks as a part of a city or local government's responsibility, private property owners may actually be the ones responsible for your frozen misstep.

So can you sue over slip-and-fall injuries on icy sidewalks?

Kentucky Kingdom is countersuing two patrons who claim they were injured at the park, asserting the alleged waterpark injuries were "staged."

Louisville's WLKY-TV reports that Kentucky Kingdom CEO Ed Hart believes the pair had "some kind of plan to contrive incidents to get money" from the park. In a lawsuit, Felicia Evans and Brandon McClellan accused the park of negligently allowing them to go down a water slide using an incorrect inner tube.

But what does the theme park have to say about the alleged injuries?

Sometimes when you are injured and your property is damaged, you may not know the identity of the culprit. But just because the person responsible is unknown doesn't mean you can't sue.

The American legal system is actually set up to handle lawsuits where many (or all) of the defendants' identities are a mystery. It may make your case less likely to be a success, but not knowing a name or address isn't a fatal blow to a civil lawsuit.

So how can you still sue if you don't know who injured you?

Two-piece swimsuits at a waterpark, sure. But how about two injury lawsuits?

Kentucky Kingdom's Hurricane Bay is now the subject of two lawsuits alleging that staff allowed patrons to use the wrong inner tube for a particular slide. Louisville's WDRB-TV reports that two patrons, Brandon McClellan and Felicia Evans, have filed suit against Kentucky Kingdom for injuries incurred after falling out of the slide.

Is Kentucky Kingdom liable for these waterpark victims?

Two toddlers were hospitalized with severe injuries after a bounce house they crawled into was thrown into the air by wind.

The injured children entered the bounce house at New Hampshire's Sullivan Farm, "a popular spot for apple and pumpkin picking," reports The Boston Globe. The New Hampshire Bureau of Tramway and Amusement Ride Safety commented that because the bounce house was "not open to the public at the time," the case is out of their hands.

Who, if anyone, could be held liable for the toddlers' injuries?

Injury victims often complain that lawyers aren't willing to take their cases. And while some attorneys may simply be too busy to take up your personal injury claim, there are a few things you can do to make yourself a more attractive client.

No, not more physically attractive (although dressing professionally couldn't hurt). Rather, there are ways in which you can make your case more appealing to your prospective attorney.

Here are three good ways to make a lawyer more inclined to take your injury case:

Slip-and-fall accidents in grocery stores happen pretty frequently, but the victims often are unaware of their rights to sue.

Even under the stark, revealing light of grocery store fluorescents, many slip-and-fall victims are in the dark about a store's legal responsibility for slip-and-fall hazards. Luckily for consumers, we're offering some legal clarity -- for free!

If you slipped and fell in a grocery store, consider these points in deciding whether or not to sue:

When you meet with a personal injury attorney for a consultation, you don't want to show up empty-handed.

You want to give your potential lawyer all the information you can so she can make an accurate evaluation of your injury case. That won't exactly work if you leave crucial documents at home or at the hospital.

So make sure you bring these seven types of documents to your personal injury consultation:

Slip-and-Fall: Do You Have a Case?

As summer slips into fall, calendar-wise, the incoming wet weather in many parts of the country brings with it the risk for a more literally kind of fall: a slip-and-fall injury.

Unfortunately, wet surfaces are just one of the many conditions that can cause a slip-and-fall injury. Outdoor slip-and-fall injuries can be caused by cracked pavement or sidewalks, inadequate lighting, or hidden dangers such as unfilled holes. Indoors, polished or wax floors, torn carpets, worn stairways or improperly maintained elevators and escalators are all sources of slip-and-fall injuries.

But how do you know if your slip-and-fall injury will make for a winnable personal injury lawsuit? Here are a few factors to consider: